Question about estates, "gift money," and taxes

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weebiscuit

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I understand that a parent can "gift" a child up to $13,000 each year and the child doesn't have to report it or pay a tax on it.

Here's the question.... my mom is dead, my dad is 86 and in Assisted Living. He's blind, subject to dementia, and generally one of the meanest and vilest people who ever walked the earth.

My brother has Power of Attorney. Last December my brother wrote a check for $10,000 for himself, my sister, and I, out of my dad's estate.

Now my brother wants to write a check (in a six figure amount) to each of the three of us. What are the tax implications? If my father is still alive, will I have to pay a tax on this money? Is it better to wait till my father passes away to take that large an amount?

My dad and brother are in Florida. I am in Wisconsin. I talked to our accountant briefly and he said I would NOT have to pay any taxes on a large "gift" but I would have to fill out a form and report receiving the money. Does anyone know anything about this?

I don't know if I can go by what my accountant says or if I should consult an estate lawyer, which means a 60 mile one way ride and generally a pain in the butt.

My father doesn't need this money. He's very wealthy and can easily afford his Assisted Living apartment, and if something should happen where he needs to be in a nursing home, he would be 100% covered by the V.A. because he is 100% disabled.
 
I know a little bit about this, but for sure not enough to substitute for discussing with an estate planning attorney. But maybe can help point out some things to know to get more value out of the time you pay the attorney for
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The IRS form is to account for what exceeds the annual gift exclusion, which is $13,000 for each recipient. There is no "kinship" requirement... so actually the gift could be up to $26,000 ($13k to you, $13k to your husband). Above the $13,000 per person, it counts against your dad's lifetime exclusion, which I think is $5M for people who die this year. (Amounts above the exclusion are subject to a very hefty estate tax).

Also if any of the money is to be used for education for anyone, and the check is written directly to the school, I do not think it counts against your dad's lifetime exclusion but the check has to be written directly from his account to the school. If your brother is gifting away anything that is not cash, but has a cost basis, that is also something to discuss with an estate planning attorney (in case you would be able to use a stepped up basis instead if the property were passed down after death).

What jumped to my mind, though, for others reading and looking for advice in this kind of situation is to know there's a look back period, which I think is 5yrs, that "recaptures" money given away and that amount has to be spent on care before a person could qualify for Medicaid to cover nursing home, etc., expenses. It doesn't sound like that would ever be an issue for your dad, but important for others to know there's something to consider there when dealing with an elderly relative.
 
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I was hoping you'd respond, Jill, as I know you are a financial planner of some sort. I'm just sort of a financial "spender." LOL!

I was basically concerned that if I received a sum of money over $100,000 that I would have to pay a third of it in income taxes right off the bat. It doesn't seem like I would, apparently. But it does seem as if I have to file something with the government saying I got the money. I assume this is so my father doesn't have to pay taxes on it if he gives away $5 million. He doesn't have that much, though, so no problem there!
 
Sandy, it's just that it comes off his total life time exemption (the part that cannot count towards his annual gift limit -- and again, if he gifts to you and your husband, then $26k is exempt). It's not for income taxes, but may play into his estate tax situation after he is no longer here.

I'm such a nerd... I think I was born to do what I do for a living because I love every aspect of it except the paperwork (good thing I have a great staff........... and I seriously may need to teach them how to do HORSE paperwork so I will stop greatly aging it!)
 
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